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Business Trading Name Issue

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  • 17-10-2011 11:29am
    #1
    octobermanor
    Registered Users Posts: 3 ✭


    Hi.
    I have a question regarding registration of business name.

    I register a business name with the Irish Companies Registration Office. I then find someone else is using that name but has not registered it.

    Can I legally require them to cease using the name regardless of the fact they may have been using it before me ?

    Thanks


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    #2
    Woodgate
    Registered Users Posts: 774 ✭✭✭Woodgate


    You could report them as they have to register the name (sole trader) if they are trading under anything other then their real name (person). Company would obviously have to be registered aswell.

    They could be in the process already and just waiting for it to go through.

    Business name is not exclusive either multiple uses of the one Business Name are permitted.


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    #3
    antoinolachtnai
    Registered Users Posts: 9,801 ✭✭✭antoinolachtnai


    Almost certainly not, although only a trip to the High Court will tell you for sure.

    If you went to Court, it would be for 'passing off'. But if they have been established for longer than you, this is unlikely to work out for you.

    If you complained about the non-registration, all they would have to do is register the name for themselves.

    If I were you I would seriously consider choosing a new name.


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